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(a) Purpose. The purpose of this Section is to provide regulations for parcel area standards required by this Development Code. The intent is to clarify the circumstances in which exceptions to the standards may be allowed and to provide uniform methods of calculating parcel areas and measuring parcel dimensions.
(b) Applicability. Except as provided in this Chapter, all parcels of land shall conform to the parcel area standards in Division 2 (Land Use Zoning Districts and Allowed Land Uses) for the land use zoning districts in which the parcels are located.
(c) Allowed Substandard Parcels. A legally created parcel having an area, width, or depth less than that required by an applicable standard provided in Division 2 (Land Use Zoning Districts and Allowed Land Uses) may be used or built upon, provided the development otherwise conforms to the requirements of this Development Code.
(d) Exceptions to Parcel Area Requirements.
(1) Parcel Area Reduction as a Result of Government Action for Public Purpose. Where a parcel area or setback width or depth has been reduced by a government agency to not more than 25 percent below the minimum requirements identified in Division 2 (Land Use Zoning Districts and Allowed Land Uses), by condemnation, acquisition or dedication for a road, drain, or other public purpose, including any dedication as a result of a redistricting, Variance or Conditional Use Permit, the parcel area existing before reduction shall be what counts for meeting the requirements of this Development Code.
(2) Preservation of Historic Structures. Parcels to be used for the preservation of historic structures or land uses may have less than the minimum parcel area required for the land use zoning district where located, provided that:
(A) The parcel’s structure and/or use have been or may be deemed historic by an incorporated, nonprofit historic preservation organization.
(B) The site shall not be used for human habitation nor generate sewage effluent unless it is:
(I) Served by common sewage facilities; or
(II) Contains at least 40,000 square feet and the facilities meet the approval of the Environmental Health Services Division.
(C) The parcel owner shall grant an easement in perpetuity to the County or other governmental body empowered to accept the easement, restricting further development of the site to historic preservation purposes.
(3) Subdivision in Compliance with Conditional Use Permit. The subdivision of multi-family dwellings and mobile home parks in compliance with the conditions of an approved Conditional Use Permit shall not be held to the minimum parcel area requirements of the applicable land use zoning district.
(4) Subdivision Where Topographical Constraints or Created by Aliquot Part. Metes and bounds subdivisions may have actual parcel areas that are ten percent less than those required by the applicable land use zoning district, where the parcels either:
(A) Have topographical constraints; or
(B) Are created by aliquot part division (i.e., using a “proper divisor,” which is any divisor of a given number other than the number itself).
(e) Parcel Area Calculations. The minimum parcel area requirements identified in Division 2 (Land Use Zoning Districts and Allowed Land Uses) shall be calculated as follows:
(1) Urban Areas. The area of parcels within the following urban land use zoning districts shall be that area included within the perimeter of the legal boundaries of the subject property, exclusive of any area within abutting planned rights-of-way (net area): Single Residential (RS) where lands are designated for lots smaller than one acre as measured herein, Multiple Residential (RM), Special Development (SD) and all commercial, industrial and institutional land use zoning districts.
(2) Rural Areas. The area of parcels within the following rural land use zoning shall be that area included within the perimeter of the legal boundaries of the subject property inclusive of that area within the planned rights-of-way up to the centerline, not to exceed 60 feet from the legal boundary of the lot (gross area): Resource Conservation (RC), Agriculture (AG), Rural Living (RL), Floodway (FW) and Open Space (OS). Within the RS-1 (Single Residential-one acre minimum lot size) Land Use Zoning District, parcels shall be measured based on gross area as defined herein, provided that when any one acre lot is created within an area not served by a municipal water and sewer system, each lot shall be configured so as to meet applicable requirements for an individual well and septic system.
(3) Parcels That Abut Alleys. In computing the area of a parcel that abuts upon one or more alleys, one-half the width of the alley(s) may be assumed to be a portion of the parcel.
(4) Rounding. In computing lot area requirements for the resultant parcels in a subdivision, the total lot area shall be rounded to the nearest tenth of an acre using the normal rounding convention (e.g., 2.45 acres shall be rounded to 2.5, 9.94 acres shall be rounded to 9.9 acres).
(f) Measurement of Parcel Dimensions. All required parcel dimensions shall be measured in compliance with the definitions contained in Division 10 (Definitions).
(Ord. 4011, passed - -2007)